Chhattisgarh High Court

Regular bail granted on grounds of parity where co-accused were previously enlarged in a land fraud case.

Saroj Nirmalkar v. State of Chhattisgarh [MCRC No. 2121 of 2026 (2026:CGHC:11039)]

Chhattisgarh High CourtJUDGMENT: no citation2 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant filed her first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, following her arrest on February 18, 2026.

Source reference: para 1, 6

The prosecution alleged that the complainant’s mother’s land was sold to co-accused Pratap Majumdar using a forged Power of Attorney.

Source reference: para 2

The applicant was accused of impersonating the landowner and executing documents using a forged Aadhaar card, with her photograph appearing on the fraudulent Power of Attorney.

Source reference: para 2

The applicant contended she was falsely implicated, had no criminal antecedents, and sought parity with three co-accused persons who were previously granted bail by the High Court.

Source reference: para 3
02

Issues

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS on the grounds of parity and the status of the investigation.

Source reference: para 3-6
03

Law Applied

The court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the power of the High Court to grant bail.

Source reference: para 1

The substantive offences charged were under the Indian Penal Code (IPC), specifically Sections 419 (impersonation), 420 (cheating), 467 (forgery of valuable security), 468 (forgery for cheating), 471 (using forged document as genuine), and 34 (common intention).

Source reference: para 1

The court also relied on the principle of parity in bail jurisprudence and the procedural requirements of Sections 269, 84, 209, and 351 of the BNSS/BNS to ensure the applicant's future appearance at trial.

Source reference: para 7
04

Reasoning

The Court balanced the gravity of the allegations of forgery and impersonation against the procedural status of the case.

Source reference: no citation

It noted that the investigation was nearing completion as the charge-sheet had already been submitted before the competent court.

Source reference: para 4, 6

A primary factor in the court's reasoning was the principle of parity; three other co-accused—Keshav Ram Devangan, Hemant Sen, and Pratap Majumdar—had already been granted regular bail in late 2024 and early 2025.

Source reference: para 3, 6

The court further observed that the applicant had been in custody since February 18, 2026, and that the trial's conclusion would likely take significant time.

Source reference: para 6

Finding no reason to treat the applicant differently from the released co-accused and considering the finished investigation, the court determined that continued incarceration was unnecessary.

Source reference: para 6
05

Holding

The Court allowed the bail application and ordered the release of the applicant on a personal bond with two sureties.

The holding was based on the grounds of parity and the submission of the charge-sheet.

Source reference: para 6

The release was made subject to strict conditions: the applicant must not seek adjournments during witness testimony, must appear on all trial dates (specifically for framing of charges and recording statements), and must comply with BNS/BNSS provisions regarding presence, under penalty of bail cancellation.

Source reference: para 7
Chhattisgarh High Court

Original Court PDF

Saroj Nirmalkar v. State of Chhattisgarh [MCRC No. 2121 of 2026 (2026:CGHC:11039)]

Chhattisgarh High Court · no citation

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment